[Federal Register Volume 72, Number 12 (Friday, January 19, 2007)]
[Notices]
[Page 2503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-701]



[[Page 2503]]

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DEPARTMENT OF ENERGY

[OE Docket No. EA-243-A]


Application To Amend Authority To Export Electric Energy; Tenaska 
Power Services Co.

AGENCY: Office of Electricity Delivery and Energy Reliability, DOE.

ACTION: Notice of application.

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SUMMARY: Tenaska Power Services Co. (Tenaska) has applied to renew its 
authority to transmit electric energy from the United States to Canada 
pursuant to section 202(e) of the Federal Power Act (FPA).

DATES: Comments, protests, or requests to intervene must be submitted 
on or before February 20, 2007.

ADDRESSES: Comments, protests or requests to intervene should be 
addressed as follows: Office of Electricity Delivery and Energy 
Reliability, Mail Code: OE-20, U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585-0350 (FAX 202-586-5860).

FOR FURTHER INFORMATION CONTACT: Ellen Russell (Program Office) 202-
586-9624 or Michael Skinker (Program Attorney) 202-586-2793.

SUPPLEMENTARY INFORMATION: Exports of electricity from the United 
States to a foreign country are regulated by the Department of Energy 
(DOE) pursuant to sections 301(b) and 402(f) of the Department of 
Energy Organization Act (42 U.S.C. 7151(b), 7172(f)) and require 
authorization under section 202(e) of the FPA (16 U.S.C.824a(e)).
    On August 16, 2001, the Department of Energy (DOE) issued Order No. 
EA-243 authorizing Tenaska to transmit electric energy from the United 
States to Canada. That Order expired on August 16, 2003. On August 14, 
2006, Tenaska filed an application with DOE to renew the export 
authority contained in Order No. EA-243 for a five-year term.
    Tenaska proposes to export electric energy to Canada and to arrange 
for the delivery of those exports over the international transmission 
facilities presently owned by Basin Electric Power Cooperative, 
Bonneville Power Administration, Eastern Maine Electric Cooperative, 
International Transmission Co., Joint Owners of the Highgate Project, 
Long Sault, Inc., Maine Electric Power Company, Maine Public Service 
Company, Minnesota Power, Inc., Minnkota Power Cooperative, Inc., New 
York Power Authority, Niagara Mohawk Power Corp., Northern States Power 
Company, and Vermont Electric Transmission Co.
    In its application, Tenaska indicated that, due to an 
administrative oversight, it did not apply for a renewal of Order No. 
EA-243 upon its expiration, despite its consistent adherence to the 
conditions enumerated in the Order. In its application, Tenaska also 
stated that it would not export electricity to points in Canada until 
such time as DOE grants renewed authorization for such exports.
    In connection with its renewal application, on September 28, 2006, 
Tenaska submitted a notarized declaration of its Associate General 
Counsel indicating that Tenaska's failure to renew its export 
authorization was inadvertent and there was no intent to export 
electricity unlawfully. That is evidenced by the fact that Tenaska 
continued to file the required quarterly reports summarizing the sales 
it was making at the U.S.-Canada border. The declaration states that 
TSP has developed internal safeguards to ensure that future 
applications for renewal of its export authorization are timely filed.
    The declaration also stated that Tenaska understood its sales of 
electricity at the U.S.-Canada border to have occurred on the U.S. side 
of the border and Tenaska is uncertain whether the purchasers of that 
electricity have in fact taken the power into Canada or simply resold 
it to third parties at the U.S. border delivery point or resold the 
power within markets operated by Regional Transmission Organizations 
(RTO's) in the U.S. that are accessible to the border. Out of an 
abundance of caution, Tenaska reported these transactions in its 
quarterly reports submitted to DOE in compliance with the terms of its 
export authorization and has not, and will not, engage in similar 
transactions that could arguably be regarded as an export until such 
time as DOE renews its export authorization in this proceeding.
    DOE expects exporters of electric energy to obtain the necessary 
authorization from DOE to export electricity and to abide by the terms 
and conditions established for such export in the Orders issued by DOE, 
including any term limit for the authorization and the requirement to 
create and preserve full and complete records and file quarterly 
reports. Failure to first obtain an Order authorizing the export of 
electricity, or continuing to export after the expiration of such an 
Order, may result in a denial of authorization to export in the future 
and subject the exporter to sanctions and penalties under the FPA. DOE 
also expects transmitting utilities owning border facilities and 
entities charged with the operational control of those border 
facilities, such as Independent System Operators or RTO's, to verify 
that companies seeking to schedule an electricity export have the 
requisite authority from DOE to export such power.
    Procedural Matters: Any person desiring to become a party to these 
proceedings or to be heard by filing comments or protests to this 
application should file a petition to intervene, comment, or protest at 
the address provided above in accordance with Sec. Sec.  385.211 or 
385.214 of the Federal Energy Regulatory Commission's Rules of Practice 
and Procedures (18 CFR 385.211, 385.214). Fifteen copies of each 
petition and protest should be filed with DOE on or before the date 
listed above.
    Comments on the Tenaska application to export electric energy to 
Canada should be clearly marked with Docket EA-243-A. Additional copies 
are to be filed directly with Norma Rosner Iacovo, Associate General 
Counsel, Tenaska Power Services Co., 1701 E. Lamar Blvd, Suite 100, 
Arlington, TX 76006 AND Neil L. Levy and David G. Tewksbury, Kirkland & 
Ellis LLP, 655 Fifteenth Street, NW., Washington, DC 20005.
    A final decision will be made on this application after the 
environmental impacts have been evaluated pursuant to the National 
Environmental Policy Act of 1969, and a determination is made by the 
DOE that the proposed action will not adversely impact on the 
reliability of the U.S. electric power supply system.
    Copies of this application will be made available, upon request, 
for public inspection and copying at the address provided above and at 
http://www.oe.energy.gov/304.htm.

    Issued in Washington, DC, on January 16, 2007.
Anthony J. Como,
Director, Permitting and Siting, Office of Electricity Delivery and 
Energy Reliability.
 [FR Doc. E7-701 Filed 1-18-07; 8:45 am]
BILLING CODE 6450-01-P